Supreme Court Stays NCPCR Directions To Shift Madrasa Students To Govt Schools
The Supreme Court has stayed the National Commission for Protection of Child Rights (NCPCR) order to shift students from Madrasas to government schools. However, it emphasized that the state has a ‘vital interest’ in ensuring that all children get quality and modern education.
A bench led by Chief Justice of India DY Chandrachud barred the implementation of communications issued by the centre government, UP, and Tripura governments from June to August. These communications directed to initiate an inquiry into madrasas and recommend transferring their students to formal schooling under the government. The letters directed education departments to enroll students in formal schools.
The bench comprising CJI Chandrachud, Justice JB Pardiwala, and Manoj Misra suspended the move and asked to review the legality of such orders more thoroughly.
The bench also sought a response from the Centre to the petition filed by Jamiat Ulema-I-Hind, a prominent Islamic organisation. The petition challenged the legality of the directives of NCPCR and the communications issued by the centre and other governments.
The SC bench also ordered that all state governments and UTs be made parties to prevent them issuing similar directives based on NCPCR’s recommendations.
Also, Supreme Court earlier on April 5 stayed the Allahabad High Court’s ruling declaring the Uttar Pradesh Board of Madrasa Education Act, 2004 unconstitutional. The high court ruled that the 2004 act violated the principal of secularism. However the Supreme Court earlier and in its recent hearing asserted that the Law Regulating Educational Institutions of Religious Community Are Not Against Secularism.
